High-risk § 3.3

The AI Act acknowledges the potentially high-risk nature of AI systems intended to be used in the area of education and vocational training. While AI systems used in this area may promote high-quality education and training, certain AI systems may have a negative impact on the health, safety or fundamental rights of the persons affected by them, such as students or apprentices, insofar as they may affect the educational and professional course of a person’s life and therefore that person’s ability to secure a livelihood³⁰ . When improperly designed and used, such systems may be particularly intrusive and may violate the right to education and training as well as the right not to be discriminated against and perpetuate historical patterns of discrimination, for example against women, certain age groups, persons with disabilities, or persons of certain racial or ethnic origins or sexual orientation.

The AI Act, which is based on Article 114 TFEU, establishes a harmonised framework for the placement on the market, putting into service, and use of high-risk AI systems, ensuring a consistent approach to such systems across the Union. Consequently, the prerogatives of the Member States in the realm of education under Article 165 TFEU do not affect the classification of an AI system intended to be used in the area of education and vocational training as high-risk pursuant to point 3 of Annex III and the application of the obligations for high-risk AI systems laid down in the AI Act to that system.